Registering easements in a noted lease
Published 13 November 2024
Applies to England and Wales
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/digital-registration-service/registering-easements-in-a-noted-lease
1. Getting started
Select ‘Updating, adding, removing or noting information about an existing title on the register’ if you want to register easements contained in a noted lease. You’ll be asked to check and confirm that this is the correct application type.
2. Entering title numbers
Make sure you also enter the numbers of any servient titles and include the title numbers of any servient titlesin Form AN1.
3. Selecting transaction
Select ‘Agreed notice (AN1)’ as your transaction.
It is not currently possible to select ‘Registering easements in a noted lease’ as a transaction in DRS so make sure that you make clear in panel 8 of the AN1 that you want to register the easements contained in the lease.
If the lease is already noted, select ‘Agreed Notice (AN1)’ as your transaction and lodge Form AN1, making it clear in panel 8 that you wish only to register the easements. You may wish to upload a letter with your application to make this clear. A discreet ‘Register easements in a noted lease’ transaction is planned, but this method will suffice in the meantime.
Suggested wording for panel 8 of Form AN1:
“Note the lease dated [date] and register the easement(s) contained therein …
The above interest is set out in paragraph [6] of page [2] of the document deed dated [date] in panel 5 of [Form]”.
4. Attach documents
Attach Form AN1. Where the servient land is registered, you’ll need to attach any necessary consents, including for any restrictions where a consent is required, a certified copy of the lease, Stamp Duty Land Tax (SDLT) or LTT if appropriate, or Form DI if appropriate.